The Hong Kong government has asked its top court to seek Beijing's guidance on a right of abode case involving a three-year-old boy, raising fresh questions about the judiciary's independence in the territory.
The move follows a major controversy in 1999 sparked when the government asked China's parliament to effectively overturn an immigration ruling by the territory's Court of Final Appeal.
The National People's Congress later overturned the ruling by Hong Kong's top court despite vocal protests by the legal community, pro-democracy activists and students.
The Beijing-anointed Hong Kong government argued that the latest case needed to go to the National People's Congress before the Court of Final Appeal rules on the matter, government sources said late on Wednesday.
The case involves young Chong Fung-yuen, who was born in Hong Kong while his mainland Chinese parents were in the former British colony on visitor visas.
Lower courts have come down on his side, ruling that children born in Hong Kong to mainland parents automatically qualify for residency rights.
But the government, which fears an influx of pregnant mainland Chinese women, says the right does not extend to children of illegal immigrants and visitors to Hong Kong.
Hong Kong's pro-democracy advocate Martin Lee (
"Every time we go to Beijing for interpretation, people's confidence in the legal system would be affected whether we like it or not. The impression created to the outside world will not be a good one," said Lee, a vocal critic of Beijing.
But pro-China politician Tsang Yok-sing said the government was following constitutional procedures and it was still up to the court to decide whether to seek guidance from Beijing.
The case had been expected to go to the Court of Final Appeal in March.
Hong Kong reverted to Chinese rule after 156 years of colonial rule in mid-1997. Beijing has pledged to the 6.8 million people in the territory that they can maintain their way of life, and an independent judiciary.
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